The hotel incident report could just be a few paragraphs. It is a record of the guest’s name, describes a disturbance, names the responding employees and also records the time the management was informed.
The investigation could bring up multiple questions to an attorney. Who was responsible for supervising the workers in question? Was surveillance footage preserved? Did the property follow standard procedures? Were there earlier interactions that never appeared in the report?
These issues illustrate why hospitality litigation usually requires an examination of ordinary business records before witness testimony begins.
Begin With the Documents Produced in Normal Operation
Companies in the hospitality sector maintain records of scheduling, guest service, training, security and management. These documents were not necessarily created for court proceedings, but they may be used to establish the operation of the establishment during an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. As an example, an official policy might say that the manager has to respond if an employee notifies them of a drunk client.
The investigation into whether or not the manager actually worked and whether or not the report was properly communicated and the responses documented by the available evidence is the objective. Instead of inferring that procedures were adhered to or not The goal is to determine what actual actions actually transpired.
The interpretation of restaurant records is different
The employees are split among the catering, beverage prep, customer requests and dining-room management. This presents a problem for restaurant investigations. An expert witness from the restaurant industry can help explain how employees’ decisions are influenced by their responsibilities.
Take a look at an incident that occurred in a dining room, involving someone who bought drinks at the bar prior to taking the table. The bar receipt may document the purchase made at the bar, while dining room transaction records may document subsequent orders.
However, these records might not be able to determine what the table server knew about the previous service. Combining server assignments with the transaction times, management notes and employee statements could help in determining the sequence. It is important to make distinctions: just because alcohol was purchased does not mean that the staff noticed intoxication.
Casino Investigations Might require a different set of records
Casinos have beverage programs that are different from the ones provided by restaurants. Additional sources of information are free drinks, mobile cocktail servers and gaming floor supervisors.
An expert witness at a casino can look over the staffing assignments for beverages as well as surveillance video, security reports and employee communications procedures. Traditional sales receipts could be insufficient when drinks are provided for free.
In those instances the investigation might rely more heavily upon surveillance, employee observations, service documentation, and even the procedure for the property’s documentation. Experts must identify the weaknesses of evidence instead of relying on incomplete records as proof.
Make sure you keep the evidence until it’s no more available
One of the main concerns in the hospitality litigation field is the protection of time-sensitive documents. The records from surveillance systems could be kept for a limited time. Employee schedules, internal communications and incident documents may be kept in various systems or departments. Attorneys should be able to locate relevant documents and implement the appropriate actions early.
It’s all about the type of claim. For example restaurants may require the records of its dining room and bar. An incident at a resort could need documentation of the event as well as travel arrangements, or security communications. You can identify relevant documents by performing a targeted review, without needing to presume that all departments were involved.
Making sense of paperwork is much easier when you have experience in the field.
Preston Rideout, a hospitality professional since 1996, has experience in the management of nightclubs and bartending as well as multi-unit beverage operations. Rideout Hospitality Consulting is a company that he established in the year 2010. He has advised restaurants, resorts, and hotel operators throughout the United States.
His expert witness work includes matters involving hotels, restaurants resorts, casinos, and restaurants for plaintiff and defense counsel. This operational background can be useful in interpreting records which appear straightforward to someone who is not familiar with hospitality management.
Staffing schedules, like to identify who has been assigned to work. The service model and the operational requirements of a facility is vital to determine if these assignments will provide the appropriate supervision.
Clarity in the questions is the first step to a more convincing argument
Early expert reviews help lawyers differentiate between unresolved and documented problems. It could help identify which documents are worth seeking or clarifying the terms used for depositions.
It is not necessary to demonstrate that a written policy was followed in the event of divergences.
It is the value of an expert’s analysis which demonstrates these distinctions using established practice in the field and supporting evidence. Understanding the procedure prior to asking employees to answer questions in a hospitality matter can help lawyers prepare the case for a an unbiased and trustworthy examination.